DEPARTMENT OF CHILD SAFETY, YOUTH AND WOMEN & BERRILL

This matter came before Hogan J concerning a dispute between the Department of Child Safety, Youth and Women (the Applicant) and Mr Berrill (the Respondent) regarding a child, X. The proceedings involved the return of the child to the United States of America.

The court was required to determine the terms of the final orders to facilitate the child's return to the United States. This included the discharge of previous orders, the specific arrangements for the child's return, and the implementation of injunctions and watchlist measures to prevent the child's removal from Australia or change of residence pending her departure. The court also considered the release of passports and the involvement of law enforcement agencies.

By consent, the court ordered the discharge of all previous orders and that the child, X, be returned to the United States of America. To effect this, Mr Berrill was restrained from removing the child from Australia and from changing her usual day-to-day residence. The names of Mr Berrill and the child were to be retained on the Family Law Watchlist at international departure points, with provisions for their removal upon confirmation of travel arrangements. The Department of Child Safety, Youth and Women was authorised to release passports for the child's return and for Mr Berrill. The court also empowered law enforcement agencies to take necessary steps to give effect to these orders, and Mr Berrill was directed to cooperate. All other applications were dismissed. The child was to leave Australia as soon as practicable, and no later than 21 August 2020. The court noted the existence of custody proceedings in the United States and the understanding that the child would return to her habitual residence.